Renuga vs Secretary To The Government

Sunder Mohan, J

The wife of the detenu - R.Suriya, branded as 'Goonda' under Section 2(f) of the Tamil Nadu Act 14 of 1982, has filed this petition challenging the detention order dated 28.08.2025.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

We find on perusal of the record and on hearing the submissions on either side, the impugned order cannot be sustained on the sole ground that the special report sent by the sponsoring authority is undated. The compelling necessity to detain the detenu would depend on the date on which the sponsoring authority has sent his report. In the absence of the said date, the special report would become irrelevant and the compelling necessity to detain the detenu becomes doubtful.

Further in 'Rekha Vs. State of Tamil Nadu through Secretary to Government and another' reported in '2011 [5] SCC 244', the Hon'ble Supreme Court had held that where the detention order is passed on any irrelevant material, then, the detention order is liable to be quashed. Therefore, we are of the view that for the aforesaid reasons the impugned detention order is liable to be set aside.

Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order BBCDEFGISSSV No.104/2025 dated 28.08.2025 is set aside.

The detenu, viz., R.Suriya, S/o.Ramesh, aged 25 years, who is now confined in Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith, unless his presence is required in connection with any other case.